Specific Relief Act, 1963

The Specific Relief Act,1963
Prepared by Joydip Ghosal.
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Overview of The Specific Relief Act, 1963
Contract
Breach To be Breached
Compensation Specific Relief Preventive Relief
Indian Contract Act
Law of Torts
Injunction
Damages is Not an Adequate Remedy
Discretion of the Court
Only for Enforcing Individual Civil
Rights
Equitable Relief

Objectives:
The Act is based on the Rules & Practice of the English Law in relation to
the Doctrine of Specific Performance
Basis of Specific Relief Act
Specific Relief Act is Not Exhaustive
Certain Specific Remedies can be Granted under other Statutes also.
It is an Act to Define & Amend the Law relating to certain kinds of Specific
Relief.
1
2
Hungerford Investment Trust Ltd. v. Haridas Mundhra & Ors. (1972 SCR 3 692)
It does Not Consolidate the whole Law on Subject
Specific Performance is a Limited Right, which may be given by the Court at
its Discretion (As General Rule in 2017 Bill): When Monetary Compensation
is Inadequate/When Monetary Compensation cannot be easily Ascertained.

Objectives:
Spectrum of Reliefs Allowed by Specific Relief Act
Recovery of Possession of Property
Remedies Available to those who have been Dispossessed of their Property
without their Consent and otherwise than in the Due Course of Law
Specific Performance of Contract
Indian Contract Act can Enforce a Contract is by Awarding Compensation to
the Injured Party
Rectification & Cancellation of Instruments
and Rescission of Contracts
Helps Parties who Want to have their Mistakenly Executed Documents
Rectified
(a)
3
(b)
(c)

Objectives:
Spectrum of Reliefs Allowed by Specific Relief Act
Declaratory Relief
An Aggrieved Party to Proceed against anyone who is Denying/is Interested in
Denying him his Rights
Preventive Relief
Granted by a Court called ‘Injunction’ directing the Concerned Party Not to do
a Particular Act/Directing them to do a Particular Act
Circumstances when Defendant is bound to Deliver the Possession4
(d)
(e)
3

Part I: Preliminary
Section 1:
Short Title
Extent
Commencement
Section 2:
Section 3:
Section 4:
Definitions
Savings
Not for Penal Laws

Part II: Specific Relief
Chapter I (Sections 5 to 8)
Recovering Possession of Property
Chapter II (Sections 9 to 25)
Specific Performance of Contracts
Chapter III (Sections 26)
Rectification of Instruments
Chapter IV (Sections 27 to 30)
Rescission of Contracts
Chapter V (Sections 31 to 33)
Declaratory Decrees
Chapter VI (Sections 34 & 35)
Cancellation of Instruments

Part III: Preventive Relief
Chapter VII (Sections 36 & 37)
Injunctions Generally
Chapter VIII (Sections 38 to 42)
Perpetual Injunctions
Section 43
Section 44
Repealed
Repealed

Part I: Preliminary
Section 1:
Short Title
Extent
Commencement
To Whole India Except J&K
It shall come into force on such dateas Central Government
may, by Notification in Official Gazette, appoint.
Was Enacted as a Result of the Report of 9th Law
Commission of India 1951
The Specific Relief Act, 1963

Part I: Preliminary
Section 2: Definitions
Obligation
Includes Every Duty Enforceable by Law
Settlement
Means an Instrument, whereby the Destination/Devolution of Successive Interests
in Movable/Immovable Property is Disposed of/is Agreed to be Disposed of
Trust
Has the same Meaning as in S/3 of Indian Trusts Act, 1882
Trustee
Includes every Person Holding Property in Trust
All other Words & Expressions used herein but Not Defined, and Defined in the Indian
Contract Act, have the Meanings respectively assigned to them in that Act.

Part I: Preliminary
Section 3:
Savings
Does Not Apply to the Indian Registration Act, 1908
Section 4:
Specific Relief to be Granted only for Enforcing Individual Civil
Rights & Not for Enforcing Penal Laws

Chapter I: Recovering Possession of
Property
Section 5: Recovery of Specific Immovable
Property
Suit by Persons Dispossessed of
Immovable Property
Section 6:
Section 7:
Recovery of Specific Movable Property
Section 8: Liability of Person in Possession, Not
as Owner, to Deliver to Persons
Entitled to Immediate Possession

S/5: Recovery of Specific Immovable Property
A Person Entitled to the Possession of Specific Immovable Property
may Recover it in the manner provided by CPC
Chapter I (S/5 to 8): Recovering Possession of Property
S/5: Recovery of Specific Immovable Property
S/7: Recovery of Specific Movable Property
Regulated
through CPC
The Idea behind the Section is that whoever Proves a Better Title is a
Person Entitled to Possession
A Title may be on the basis of Ownership/Possession

Part II: Specific Relief: Chapter I (S/5 to 8): Recovering Possession of Property
S/6: Suit by Persons Dispossessed of Immovable Property
No Appeal shall lie from any Order/Decree Passed Nor shall any Review
If any Person is Dispossessed without his Consent of Immovable
Property otherwise than in Due Course of Law, he/any Person Claiming
through him may, by Suit, Recover Possession thereof, notwithstanding
any other Title that may be Set up in such Suit.
No Suit u/this Section shall be brought after the Expiry of 06 Months
from the Date of Dispossession/against the Government.
Nothing in this Section shall Bar any Person from Suing to Establish his
Title to such Property and to Recover Possession thereof.

S/6 availed by the Plaintiff:
If the Person was in the Judicial Possession of the Immovable Property in
Dispute
The Suit should be for Recovery of Possession
1
2
3
4
If the Person had been Dispossessed without his Consent and otherwise
than in Due Course of Law
If the Person had Filed the Suit within 06 Months of Dispossession

Supportive Case Laws:
In a Suit for Possession u/s 6, it is Not Necessary to consider the
Nature of the Title of the Parties.
A. F. Khan v. Mahendar Kumar Jugal Kishore Gupta (AIR 2004, Bom 232)
This Section has No Application if the Plaintiff has Parted with the
Possession Willingly with his Free Consent/has been Dispossessed
following the Due Course of Law.
What are Necessary to be considered is who was in Possession of the
Suit Property and whether that Person had been Dispossessed
without following the Due Course of Law.
1
2
3

Judicial Possession:
A Person who is in Settled Possession Creates such a Right that even the
Rightful Owner may Recover only by taking Recourse to a Court of Law.
Rame Gowda v. M. Varadappa Naidu (2004 1 SCC
769)
The Settled Possession, even of a Trespasser may be Protected u/s 6.

Difference between S/5 & S/6:
Section 5 Section 6
Long Drawn Regular Suit Summary Remedy to Plaintiff
The Claim is based on Title Claim is based on Possession
Period of Limitation for Filing the Suit is
12 Years
Period of Limitation for Filing the Suit is
06 Months from the Date of
Dispossession

Specific Relief Act, 1963

Specific Relief Act, 1963

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